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ROMANIA - MINISTRY OF THE INTERNAL AFFAIRS
GENERAL INSPECTORATE OF THE ROMANIAN POLICE
CRIMINAL INVESTIGATION DIRECTORATE
Bucharest, 13-15 Stefan cel Mare Avenue
Tel/fax: +4-021-3164698
pcn@politiaromana.ro www.politiaromana.ro
THE STATE OF THE ART IN FIGHTING THE ILLICIT
TRAFFICKING OF CULTURAL PROPERTY IN ROMANIA
Fighting against Illicit Traficking of Cultural Property – Training Workshop
Rome, Italy, 12 – 16 November 2018
Unit for Combating Crimes Against
Persons
Deputy Director
Operative Cooperation
Office
Fugitive Unit
Unit for Combating Crimes Against
Property and Criminal Groups
International Police and Legal
Assistance Unit
Unit of Judicial
Delegations
National Cultural Heritage
Protection Unit
Organization chart of
Criminal Investigation Directorate
DIRECTOR
Deputy Director
Territorial organization
• Delegated -
Municipal,
• City and Rural Police
• General Directorate
of Bucharest
Municipal Police
• 41 County Police
Inspectorates
County
level
Local level
NATIONAL HERITAGE PROTECTION UNIT
43 Judicial Policemen working full time in this field and
at local level by delegation, from other structures
THE LEGISLATIVE FRAME
THE MAIN INTERNAL LEGISLATION:
Romanian Constitution;
Law no. 182/2000 regarding the protection of the movable national cultural
heritage, republished;
Law no. 422/2001 regarding the protection of historical monuments, republished;
Law no. 50/1991 regarding the authorization of construction works and some
measures for the construction of houses, republished;
 Governmental Decision no. 47/2000 regarding the establishment of certain
protection measures for the historical monuments found on the List of world
heritage, with the subsequent modifications and completions;
Governmental Decision no. 43/2000 regarding the protection of the archaeological
heritage, republished;
Governmental Decision no. 1420/2003, regarding the approval of the Norms on
movable cultural assets trading;
Governmental Decision no. 518/2004 regarding the approval of the
methodological Norms on the permanent or temporary exportation of the movable
cultural assets;
Order no. 251/409/2275/M 115/2004 – Order of the minister of State, minister of
the Interior and Administrative Reform, minister of Economy and Commerce, of the
minister of Culture and Cults and of the minister of National Defense regarding the
approval of the technical Norms on the possession and trading of metal detectors;
INTERNATIONAL LEGISLATION:
Law no. 79 of November 11, 1993 regarding Romania’s joining the Convention on the
measures to be adopted in order to impede and stop the illicit import, export operations, as
well as property transfer of the cultural assets, adopted by the General Conference of the
United Nations Organization for Education, Science and Culture, in Paris on November 14,
1970;
 Law no. 149/1997 regarding the ratification of the UNIDROIT Convention regarding stolen
or legally exported cultural assets, adopted in Rome, on June 24 1995;
 Law no. 150 of 24.07.1997 regarding the ratification of the European Convention on the
protection of archaeological heritage (revised), adopted in La Valetta on January 16, 1992;
Law no. 157 of October 7, 1997 regarding the ratification of the Convention on the
architectural heritage of Europe, adopted in Granada on October 3, 1985;
Regulation of the European Community Council (EEC) no. 116/2009 regarding the
exportation of cultural assets;
Regulation of the European Community Council (EEC) no. 1081/2012 regarding the
establishment of the necessary measures for the implementation of the Regulation of the
European Community Council no.116/2009 regarding the exportation of the cultural assets
Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on
the return of cultural objects unlawfully removed from the territory of a Member State and
amending Regulation (EU) No 1024/2012
Ministry of Foreign Affairs
Public Ministry
Ministry of Culture
Structures within the
Ministry of Internal Affairs
Ministry of Justice
Most important
Interagency cooperation
Romanian
Police
Heritage
Protection
Unit
National Customs Authority
State Inspectorate of
Constructions
Romanian Orthodox
Patriarchy
The ONG’s
INTERNATIONAL COOPERATION:
the International Police Cooperation Centre within M.I.A. ensures
the cooperation with INTERPOL, EUROPOL, SELEC (Southeast
European Law Enforcement Center)
the Permanent Bodies of the European Union
TASK-FORCE of the EU police chiefs
Police of other states through the Romanian Internal Attachés in
European states, as well as those of the respective countries and of
the U.S.A. in Bucharest.
Geographic position, on the one hand, and its rich history, on the other
hand, determined the events recorded in criminal cases registered by the
Police, and the statistics of last 15 years, leads to the conclusion that
Romania is equally source country of stolen cultural goods, country for
transit, from both the Central and Western Europe, and for those trafficked
from Eastern Europe or Asia.
For now, more than 4000 cultural goods are recorded in the National
Romanian Police Stolen WoA database,and 529 items in the INTERPOL
WoA database. Another over 5000 ancient coins and other archaeological
artifacts, result of plundering the archaeological sites, are searched.
OVERVIEW
NATIONAL ROMANIAN POLICE STOLEN WoA
DATABASE
529
ITEMS
WANTED
INTERPOL WoA DATABASE
THE STATE OF THE ART OF THE STOLEN
CULTURAL GOODS FROM ROMANIA
AT NOVEMBER 2018
CERAMICS - 3
WATCH/CLOCK - 30
COIN/MEDAL - 23
DOCUMENT/BOOK - 28
DRAWING - 1
FURNITURE - 7
GLASWARE - 6
GOLD/SILVER JEWELLERY - 42
ICON - 114
PAINTINGS - 150
SCULPTURE/STATUE - 51
TAPESTRY - 2
WEAPON - 6 RELIGIOUS AND LITURGICAL ITEM - 56
MISCELLANOUS - 6
MINERALS - 1
TOOLS - 3
INTEGRATED INFORMATION MANAGEMENT SYSTEM FOR
THE PROTECTION OF CULTURAL HERITAGE
- exchange of informations between the national institutions
concerned: National Police, National Border Police, Customs,
Ministry of Culture, museums, experts etc.
The main crimes against Romanian cultural heritage committed:
- theft from the museums, churches, public and private collections (artworks,
antiques, archaeological finds – coins, panoply weapons, gold and silver
jewelry; old books, especially religious items);
- illegal excavations in archaeological sites and traffic with antiquities: coins,
vessels, statues, etc;
- theft by substitute of paintings from Art Museums;
- international illegal associations trafficking the cultural goods (antiquities,
icons, paintings etc.);
- carried out unauthorized construction, destruction of historical monuments
CHARACTERISTICS OF CRIMES AGAINST
NATIONAL HERITAGE
Growing market demands have prompted the development of a category of
intermediaries - collectors who represent the "gray zone" of connection between the
primary bidders of the 'black market' and the official dealers. These dynamic
intermediaries move in search of deals on the "black market" of countries and
regions rich in archaeological heritage.
Poaching archaeological sites historical monument, some of them on the list of
UNESCO World Heritage monuments, is an offense that was common in Romania.
The facts were committed by specialized groups, organized criminal associations,
equipped with advanced detection equipment.
Members of these groups place the stolen archaeological items to national
collectors and "investors" and were in contact with international networks of
smugglers who removed illegally the items and place them on the black market, to
collectors from EU and USA.
ILLEGAL EXCAVATIONS,
THEFT and TRAFFICKING the ANCIENT ARTEFACTS
STOLEN COINS FROM
ARCHAEOLOGICAL SITES AND
SEIZED BY THE POLICE
The successful application of the provisions of the 1970 UNESCO
Convention and 1995 UNIDROIT Convention, but especially the European
Convention on Mutual Assistance in Criminal Matters signed in Strasbourg
on 1959 and the its additional protocol from 1978; the European Convention
on Laundering, Search, Seizure and Confiscation of crime, signed in
Strasbourg on 1990; the Convention on Mutual Assistance in Criminal
Matters between Member States of the European Union done at Brussels on
2000 and the EU Council Framework Decision no. 2003/577/JHA of 22 July
2003, however applicable in the prosecutions have led to the restitution to
Romania over 10,000 antique pieces from the USA, United Kingdom of
Great Britain and Northern Ireland, Ireland, France, Switzerland, Italy,
Belgium, Netherlands, Germany, Austria, Poland, Bulgaria.
INTERNATIONAL COOPERATION
RECOVERING THE PAST
fighting against trafficking the
archaeological artefacts
At National level :
– investigations, searches and
sized the objects
At International level:
– mutual assistance, diplomatic
channels, applying the
International Conventions
Romania so far recovered 13 gold Dacian bracelets (cca.
12,633 kg), two iron parade shields, 1024 gold Koson coins, 204
silver Koson coins, 33 gold Lysimachos coins minted at Callatis
and Tomis, 12.000 silver and bronze coins and different Dacian
iron tools and weapons, all stolen from Sarmizegetusa Regia
and from other Dacian citadels – UNESCO Monuments in the
Orastie Mountains, Central Romania.
13 Golden ancient
bracelets, a necklace and
earrings stolen from a
Romanian archaeological
site UNESCO monument
Recovered under the
UNIDROIT Convention
provisions (2007-2013)
Antique shields stolen from
an archaeological site,
UNESCO monument,
recovered in 2011, under the
UNIDROIT Convention
provisions
Ancient jewelry stolen from
Romanian archaeological
sites, recovered in 2015,
under the UNIDROIT
Convention provisions
Epigraphic monuments
representing bronze
tabulae containing laws
of Troesmis
municipality (county.
Tulcea), issued by
Emperor Marcus
Aurelius (161-180 AD).
The artefacts, stolen
from Romania in 2002
were repatriated in may
2015 from London,
through international
judicial cooperation
with the authorities of
the United Kingdom of
Great Britain and
Northern Ireland
Ministero per i Beni e le Attività
Culturali
Comando Carabinieri Tutela
Patrimonio Culturale
Three dinosaur eggs (Telmatosaurus
transsylvanicus, cca 72 - 65 million age)
stolen from paleontological site from
Ţara Haţegului, Hunedoara County, by
an Italian citizen, were recovered by the
TPC Carabinieri from Venice in 2012
The Operation
Budweiser
In Aprilie 2016,
working
together, the
Romanian and
the Czech police
officers
recovered a lot
of
archaeological
goods, stolen in
2015 from some
Dacian citadels,
UNESCO
monuments, and
trafficked by
four czechs
citizens
THE BRESCIA CASE
Comando Carabinieri Tutela Patrimonio Culturale
Nucleo Tutela Patrimonio Culturale di Milano
22 RELIGIOUS PAINTINGS
(XVII-XVIII century) AND 19 OLD
BOOKS (XVII-XVII century)
stolen/illicit exported from Italy
were recovered and were
returned to Italy in 2013
THE BRESCIA CASE
Comando Carabinieri Tutela Patrimonio Culturale
Nucleo Tutela Patrimonio Culturale di Milano
In March 2014, working
together, the Romanian and
Spanish police officers
recovered a 300.000 euros
painting of
Juan Garcia Ripolles and
another Florentine style
painting stolen from Spain
and trafficked by Spanish,
Romanian and Moroccan
citizens
A FAMILY BUSINESS
The perpetrator
“Stelica” robs un
archaeological sites from
Caras-Severin county,
using a metal detector,
and the items stolen
from here are sold on the
internet by his girlfriend,
to a Belgium citizen
buyer.
This one steals also
fossils from caves, in
particular cave bear
skulls.
These fossils have been
illegaly exported in Germany and
Austria with the help of
foreigners’ citizens.
So far, Romania manage to
recover 309 archaeological
objects, of which 164
ancient/medieval coins.
MINE FLOWERS ILLEGALLY EXPORTED IN HUNGARY
A Hungarian citizen took illegal
minerals (mine flowers) and fossils from
Caras-Severin county, and traficking them in
Hungary where he sells them on ebay.
Some of these goods have been included in
several collections in Hungary.
Unfortunately, the recovery procedures of these cultural goods are
blocked because some deficiencies in the Romanian criminal prosecution
activity. The main problem is that those mine flowers provenance could not be
proved as being from the territory of Romania, and consequently their
belonging to the Romanian heritage.
Thank you for your
attention
ROME, ITALY 2018
ROMANIAN POLICE
DELEGATION
pcn@politiaromana.ro

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The state of the art in fighting the illicit trafficking of cultural property in Romania - Ministry of Internal Affairs

  • 1. ROMANIA - MINISTRY OF THE INTERNAL AFFAIRS GENERAL INSPECTORATE OF THE ROMANIAN POLICE CRIMINAL INVESTIGATION DIRECTORATE Bucharest, 13-15 Stefan cel Mare Avenue Tel/fax: +4-021-3164698 pcn@politiaromana.ro www.politiaromana.ro THE STATE OF THE ART IN FIGHTING THE ILLICIT TRAFFICKING OF CULTURAL PROPERTY IN ROMANIA Fighting against Illicit Traficking of Cultural Property – Training Workshop Rome, Italy, 12 – 16 November 2018
  • 2. Unit for Combating Crimes Against Persons Deputy Director Operative Cooperation Office Fugitive Unit Unit for Combating Crimes Against Property and Criminal Groups International Police and Legal Assistance Unit Unit of Judicial Delegations National Cultural Heritage Protection Unit Organization chart of Criminal Investigation Directorate DIRECTOR Deputy Director
  • 3. Territorial organization • Delegated - Municipal, • City and Rural Police • General Directorate of Bucharest Municipal Police • 41 County Police Inspectorates County level Local level NATIONAL HERITAGE PROTECTION UNIT 43 Judicial Policemen working full time in this field and at local level by delegation, from other structures
  • 4. THE LEGISLATIVE FRAME THE MAIN INTERNAL LEGISLATION: Romanian Constitution; Law no. 182/2000 regarding the protection of the movable national cultural heritage, republished; Law no. 422/2001 regarding the protection of historical monuments, republished; Law no. 50/1991 regarding the authorization of construction works and some measures for the construction of houses, republished;  Governmental Decision no. 47/2000 regarding the establishment of certain protection measures for the historical monuments found on the List of world heritage, with the subsequent modifications and completions; Governmental Decision no. 43/2000 regarding the protection of the archaeological heritage, republished; Governmental Decision no. 1420/2003, regarding the approval of the Norms on movable cultural assets trading; Governmental Decision no. 518/2004 regarding the approval of the methodological Norms on the permanent or temporary exportation of the movable cultural assets; Order no. 251/409/2275/M 115/2004 – Order of the minister of State, minister of the Interior and Administrative Reform, minister of Economy and Commerce, of the minister of Culture and Cults and of the minister of National Defense regarding the approval of the technical Norms on the possession and trading of metal detectors;
  • 5. INTERNATIONAL LEGISLATION: Law no. 79 of November 11, 1993 regarding Romania’s joining the Convention on the measures to be adopted in order to impede and stop the illicit import, export operations, as well as property transfer of the cultural assets, adopted by the General Conference of the United Nations Organization for Education, Science and Culture, in Paris on November 14, 1970;  Law no. 149/1997 regarding the ratification of the UNIDROIT Convention regarding stolen or legally exported cultural assets, adopted in Rome, on June 24 1995;  Law no. 150 of 24.07.1997 regarding the ratification of the European Convention on the protection of archaeological heritage (revised), adopted in La Valetta on January 16, 1992; Law no. 157 of October 7, 1997 regarding the ratification of the Convention on the architectural heritage of Europe, adopted in Granada on October 3, 1985; Regulation of the European Community Council (EEC) no. 116/2009 regarding the exportation of cultural assets; Regulation of the European Community Council (EEC) no. 1081/2012 regarding the establishment of the necessary measures for the implementation of the Regulation of the European Community Council no.116/2009 regarding the exportation of the cultural assets Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012
  • 6. Ministry of Foreign Affairs Public Ministry Ministry of Culture Structures within the Ministry of Internal Affairs Ministry of Justice Most important Interagency cooperation Romanian Police Heritage Protection Unit National Customs Authority State Inspectorate of Constructions Romanian Orthodox Patriarchy The ONG’s
  • 7. INTERNATIONAL COOPERATION: the International Police Cooperation Centre within M.I.A. ensures the cooperation with INTERPOL, EUROPOL, SELEC (Southeast European Law Enforcement Center) the Permanent Bodies of the European Union TASK-FORCE of the EU police chiefs Police of other states through the Romanian Internal Attachés in European states, as well as those of the respective countries and of the U.S.A. in Bucharest.
  • 8. Geographic position, on the one hand, and its rich history, on the other hand, determined the events recorded in criminal cases registered by the Police, and the statistics of last 15 years, leads to the conclusion that Romania is equally source country of stolen cultural goods, country for transit, from both the Central and Western Europe, and for those trafficked from Eastern Europe or Asia. For now, more than 4000 cultural goods are recorded in the National Romanian Police Stolen WoA database,and 529 items in the INTERPOL WoA database. Another over 5000 ancient coins and other archaeological artifacts, result of plundering the archaeological sites, are searched. OVERVIEW
  • 9. NATIONAL ROMANIAN POLICE STOLEN WoA DATABASE
  • 10. 529 ITEMS WANTED INTERPOL WoA DATABASE THE STATE OF THE ART OF THE STOLEN CULTURAL GOODS FROM ROMANIA AT NOVEMBER 2018
  • 11. CERAMICS - 3 WATCH/CLOCK - 30 COIN/MEDAL - 23 DOCUMENT/BOOK - 28 DRAWING - 1 FURNITURE - 7 GLASWARE - 6 GOLD/SILVER JEWELLERY - 42 ICON - 114 PAINTINGS - 150 SCULPTURE/STATUE - 51 TAPESTRY - 2 WEAPON - 6 RELIGIOUS AND LITURGICAL ITEM - 56 MISCELLANOUS - 6 MINERALS - 1 TOOLS - 3
  • 12. INTEGRATED INFORMATION MANAGEMENT SYSTEM FOR THE PROTECTION OF CULTURAL HERITAGE - exchange of informations between the national institutions concerned: National Police, National Border Police, Customs, Ministry of Culture, museums, experts etc.
  • 13. The main crimes against Romanian cultural heritage committed: - theft from the museums, churches, public and private collections (artworks, antiques, archaeological finds – coins, panoply weapons, gold and silver jewelry; old books, especially religious items); - illegal excavations in archaeological sites and traffic with antiquities: coins, vessels, statues, etc; - theft by substitute of paintings from Art Museums; - international illegal associations trafficking the cultural goods (antiquities, icons, paintings etc.); - carried out unauthorized construction, destruction of historical monuments CHARACTERISTICS OF CRIMES AGAINST NATIONAL HERITAGE
  • 14. Growing market demands have prompted the development of a category of intermediaries - collectors who represent the "gray zone" of connection between the primary bidders of the 'black market' and the official dealers. These dynamic intermediaries move in search of deals on the "black market" of countries and regions rich in archaeological heritage. Poaching archaeological sites historical monument, some of them on the list of UNESCO World Heritage monuments, is an offense that was common in Romania. The facts were committed by specialized groups, organized criminal associations, equipped with advanced detection equipment. Members of these groups place the stolen archaeological items to national collectors and "investors" and were in contact with international networks of smugglers who removed illegally the items and place them on the black market, to collectors from EU and USA. ILLEGAL EXCAVATIONS, THEFT and TRAFFICKING the ANCIENT ARTEFACTS
  • 15. STOLEN COINS FROM ARCHAEOLOGICAL SITES AND SEIZED BY THE POLICE
  • 16. The successful application of the provisions of the 1970 UNESCO Convention and 1995 UNIDROIT Convention, but especially the European Convention on Mutual Assistance in Criminal Matters signed in Strasbourg on 1959 and the its additional protocol from 1978; the European Convention on Laundering, Search, Seizure and Confiscation of crime, signed in Strasbourg on 1990; the Convention on Mutual Assistance in Criminal Matters between Member States of the European Union done at Brussels on 2000 and the EU Council Framework Decision no. 2003/577/JHA of 22 July 2003, however applicable in the prosecutions have led to the restitution to Romania over 10,000 antique pieces from the USA, United Kingdom of Great Britain and Northern Ireland, Ireland, France, Switzerland, Italy, Belgium, Netherlands, Germany, Austria, Poland, Bulgaria. INTERNATIONAL COOPERATION
  • 17. RECOVERING THE PAST fighting against trafficking the archaeological artefacts At National level : – investigations, searches and sized the objects At International level: – mutual assistance, diplomatic channels, applying the International Conventions Romania so far recovered 13 gold Dacian bracelets (cca. 12,633 kg), two iron parade shields, 1024 gold Koson coins, 204 silver Koson coins, 33 gold Lysimachos coins minted at Callatis and Tomis, 12.000 silver and bronze coins and different Dacian iron tools and weapons, all stolen from Sarmizegetusa Regia and from other Dacian citadels – UNESCO Monuments in the Orastie Mountains, Central Romania.
  • 18. 13 Golden ancient bracelets, a necklace and earrings stolen from a Romanian archaeological site UNESCO monument Recovered under the UNIDROIT Convention provisions (2007-2013)
  • 19. Antique shields stolen from an archaeological site, UNESCO monument, recovered in 2011, under the UNIDROIT Convention provisions
  • 20. Ancient jewelry stolen from Romanian archaeological sites, recovered in 2015, under the UNIDROIT Convention provisions
  • 21. Epigraphic monuments representing bronze tabulae containing laws of Troesmis municipality (county. Tulcea), issued by Emperor Marcus Aurelius (161-180 AD). The artefacts, stolen from Romania in 2002 were repatriated in may 2015 from London, through international judicial cooperation with the authorities of the United Kingdom of Great Britain and Northern Ireland
  • 22. Ministero per i Beni e le Attività Culturali Comando Carabinieri Tutela Patrimonio Culturale Three dinosaur eggs (Telmatosaurus transsylvanicus, cca 72 - 65 million age) stolen from paleontological site from Ţara Haţegului, Hunedoara County, by an Italian citizen, were recovered by the TPC Carabinieri from Venice in 2012
  • 23. The Operation Budweiser In Aprilie 2016, working together, the Romanian and the Czech police officers recovered a lot of archaeological goods, stolen in 2015 from some Dacian citadels, UNESCO monuments, and trafficked by four czechs citizens
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  • 25. THE BRESCIA CASE Comando Carabinieri Tutela Patrimonio Culturale Nucleo Tutela Patrimonio Culturale di Milano 22 RELIGIOUS PAINTINGS (XVII-XVIII century) AND 19 OLD BOOKS (XVII-XVII century) stolen/illicit exported from Italy were recovered and were returned to Italy in 2013
  • 26. THE BRESCIA CASE Comando Carabinieri Tutela Patrimonio Culturale Nucleo Tutela Patrimonio Culturale di Milano
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  • 29. In March 2014, working together, the Romanian and Spanish police officers recovered a 300.000 euros painting of Juan Garcia Ripolles and another Florentine style painting stolen from Spain and trafficked by Spanish, Romanian and Moroccan citizens
  • 30. A FAMILY BUSINESS The perpetrator “Stelica” robs un archaeological sites from Caras-Severin county, using a metal detector, and the items stolen from here are sold on the internet by his girlfriend, to a Belgium citizen buyer. This one steals also fossils from caves, in particular cave bear skulls.
  • 31. These fossils have been illegaly exported in Germany and Austria with the help of foreigners’ citizens. So far, Romania manage to recover 309 archaeological objects, of which 164 ancient/medieval coins.
  • 32. MINE FLOWERS ILLEGALLY EXPORTED IN HUNGARY A Hungarian citizen took illegal minerals (mine flowers) and fossils from Caras-Severin county, and traficking them in Hungary where he sells them on ebay. Some of these goods have been included in several collections in Hungary.
  • 33. Unfortunately, the recovery procedures of these cultural goods are blocked because some deficiencies in the Romanian criminal prosecution activity. The main problem is that those mine flowers provenance could not be proved as being from the territory of Romania, and consequently their belonging to the Romanian heritage.
  • 34. Thank you for your attention ROME, ITALY 2018 ROMANIAN POLICE DELEGATION pcn@politiaromana.ro